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In Washington State

After Roe, abortion will still be legal in most circumstances.  Connect with your local family policy council to stay up-to-date on the pro-life movement in your state—now and after Roe. Then, keep reading to find out more about what abortion law would be in your state after Roe.

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MORE ABOUT YOUR STATE’S ABORTION LAWS

Below, we’ve summarized what abortion laws would be in your state after Roe.


The Big Question

After Roe, will my state ban nearly all abortions or allow nearly all abortions?

Washington will still allow nearly all abortions after Roe is overturned. “[A] woman’s right to choose” is codified in Washington law. Wash. Rev. Code Ann. §§ 9.02.100, 110.

Abortion Limits, Exceptions and Enforcement

Limitations on abortions

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If my state won’t ban all abortions, what are the limits to abortion?

Washington bans abortions post-viability. Viability is defined as when a physician subjectively concludes the unborn child has a substantial likelihood of survival outside the womb. Wash. Rev. Code Ann. §§ 9.02.120, 170.


Exceptions to any limitations

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Are there any exceptions to those limitations placed on abortion?

Yes: It is a prosecutorial defense to a violation of post-viability ban if the physician believed the life or health of the mother was at risk. Wash. Rev. Code Ann. § 9.02.130.


Penalties for performing an illegal abortion

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What are the penalties to abortion providers for committing an illegal abortion (one of the forms of abortion that my state has limited under the law)?

A violation of post-viability ban is a class C felony. Wash. Rev. Code Ann. § 9.02.120.

A violation of physician-only requirement is a class C felony. Wash. Rev. Code Ann. § 9.02.120.


Enforcement

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When abortion laws are violated, who can file a lawsuit to enforce their rights and the law?

No one.


Special standards of care

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Does my state impose a special medical standard of care on abortion providers?

No.


Protecting Fundamental Rights

Parents

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Does my state give parents the right to consent for their child to get an abortion?

No.


Medical professionals

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Does my state have conscience protections for medical professionals who do not want to participate in abortions?

Yes: No person or medical facility can be forced to participate in an abortion. Wash. Rev. Code Ann. § 9.02.150.


Babies Born Alive

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Are there legal protections for babies born alive following a botched abortion in my state?

No.


Safety & Health of Women

Physician-only requirement

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Does an abortion have to be provided by a licensed physician in my state?

Yes: Only a licensed physician may perform abortions in Washington. Wash. Rev. Code Ann. § 9.02.110.


Informed consent

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Does my state’s law require that a woman give informed consent and/or receive counseling prior to allowing an abortion to be performed?

No.


Waiting period

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Does my state place any waiting requirement on abortion so that a mother has more time to decide?

No.


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